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[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Proposed Rules]
[Pages 83044-83054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26151]

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PEACE CORPS

22 CFR Part 303

RIN 0420-AA31

Procedures for Disclosure of Information Under the Freedom of 
Information Act

AGENCY: The Peace Corps.

ACTION: Proposed rule.

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SUMMARY: This proposed rule amends the regulations that the Peace Corps 
follows in processing requests under the Freedom of Information Act 
(FOIA) to comply with the FOIA Improvement Act of 2016. The amendments 
would clarify and update procedures for requesting information from the 
Peace Corps and procedures that the Peace Corps follows in responding 
to requests from the public.

DATES: Comments must be received by December 28, 2023.

ADDRESSES: You may send comments, identified by Regulatory Information 
Number (RIN) 0420-AA31, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for sending comments.
     Email: [email protected]. Include RIN 0420-AA31 in the 
subject line of the message.
     Mail: The Peace Corps/The Office of the General Counsel/
1275 First Street NE/Washington, DC 20526.
    Instructions: All submissions received must include the receiving 
agency's name, which is the Peace Corps, designate the Office of the 
General Counsel, and note the RIN for this rulemaking.

FOR FURTHER INFORMATION CONTACT: David van Hoogstraten, Supervisory 
Associate General Counsel at (202) 692-2150 or 
[email protected].

SUPPLEMENTARY INFORMATION: On June 30, 2016, President Obama signed 
into law the FOIA Improvement Act of 2016, Public Law 114-185, 130 
Stat. 538 (the Act). The Act specifically requires all agencies to 
review and update their FOIA regulations in accordance with its 
provisions, and the Peace Corps is making changes to its regulations 
accordingly. Among other requirements, the Act addresses a range of 
procedural issues that affect Peace Corps FOIA regulations, including 
requirements that agencies establish a minimum of 90 days for 
requesters to file an administrative appeal and that agencies provide 
notice to requesters of dispute resolution services at various times 
throughout the FOIA process. The proposed rule would revise and update 
policies and procedures concerning the Peace Corps FOIA process, which 
were last published in the Federal Register (FR) on April 10, 2014 (79 
FR 19816), entered into effect on May 12, 2014, and currently appear at 
22 CFR part 303.
    Request for Comments: The Peace Corps invites public comment on all 
aspects of this proposed rule and will take those comments into account 
before publishing a final rule. The proposed rule makes small 
adjustments for clarification, rearranges and redesignates sections in 
a more logical order, streamlines the language of some procedural 
provisions, and makes the following key changes:

22 CFR Part 303

    (1) Definitions. Section 303.2 is expanded to revise current 
definitions and add definitions for the following terms: ``Compelling 
need,'' ``Confidential commercial information,'' ``Direct costs,'' 
``Unusual circumstances,'' and ``Initial denial authority (IDA).''
    (2) Public reading room. Section 303.5 is revised to delete 
reference to a physical public reading room and to provide for a public 
electronic FOIA Library on the Peace Corps website on which certain 
specified records will be made available. Also, related to this change, 
the former Sec.  303.6 (Procedures for use of public reading room.) is 
deleted.
    (3) Requests for records. This section, the former Sec.  303.8, has 
been redesignated as Sec.  303.7 and is updated to provide revised 
procedures for the following paragraphs:
     (b) through (d) Submitting a FOIA request;
     (f) Requesting a waiver or reduction of fees;
     (h) Initial response/delays to FOIA requests;
     (j) Giving notice of delays; and
     (l) Requesting expedited processing and appeals from 
denials of requests for expedited processing.
    (4) Timing of responses to requests. A new Sec.  303.8 sets forth 
guidelines and procedures for:
    (a) Order of response to FOIA requests;
    (b) Multitrack processing;
    (c) Delays in responses due to unusual circumstances and notice of 
such delays and of the availability of both the FOIA Public Liaison and 
the dispute resolution services provided for by the Office of 
Government Information Services (OGIS);
    (d) Aggregating requests; and
    (e) Expedited processing.
    (5) Exemptions for withholding records. A revised Sec.  303.9 
provides that the deliberative process privilege shall not apply to 
records created 25 years or more before the date on which the records 
were requested.
    (6) Responses to requests. A new Sec.  303.11 sets forth guidelines 
and procedures for:
    (a) Electronic communication with requesters;
    (b) Acknowledgement of requests that will take longer than 10 
working days to process;
    (c) Estimated dates of completion and interim responses;
    (d) The granting of requests;
    (e) Adverse determination of requests;
    (f) Markings on released documents; and
    (g) Use of records exclusions.
    (7) Appeals. A renumbered Sec.  303.13, formerly Sec.  303.12, is 
updated to set forth revised guidelines and procedures for:
    (a) Submitting appeals;
    (b) Adjudication of appeals;
    (c) Decisions on appeals;
    (d) Engaging in dispute resolution services offered by OGIS; and
    (e) When an appeal is required.
    (8) Confidential commercial information. A new Sec.  303.14 sets 
forth guidelines and procedures for:
    (a) Designation of confidential commercial information;
    (b) When notice to submitters is required;
    (c) Exceptions to submitter notice requirements;
    (d) Opportunity to object to disclosure;
    (e) Analysis of objections;
    (f) Notice of intent to disclose;
    (g) Notice of FOIA lawsuit; and
    (h) Requester notification.
    (9) Preservation of records. A new Sec.  303.15 sets forth 
guidelines and procedures for preserving records

[[Page 83045]]

pertaining to the requests it receives under this subpart.
    (10) Fees. A revised Sec.  303.16, formerly Sec.  303.13, 
incorporates the new statutory restrictions on charging fees in certain 
circumstances, reflects developments in the case law, and streamlines 
the description of the factors to be considered when making fee waiver 
determinations. In this regard, Sec.  303.16(a) is revised to conform 
to recent appellate court decisions addressing two FOIA fee categories: 
``representative of the news media'' and ``educational institution.'' 
Section 303.16(e)(2), which addresses restrictions on charging fees 
when the FOIA's time limits are not met, is revised to reflect changes 
made to those restrictions by the FOIA Improvement Act of 2016. 
Specifically, these changes reflect that the Peace Corps may not charge 
search fees or duplication fees for representatives of the news media 
and educational/non-commercial scientific institution requesters when 
the Peace Corps fails to comply with the FOIA's time limits. The 
restriction on charging fees is excused and the Peace Corps may charge 
fees as usual when it satisfies one of three exceptions detailed at 5 
U.S.C. 552(a)(4)(A)(viii)(II) and incorporated into this section at 
Sec.  303.16(e)(2)(ii) through (iv). Lastly, Sec.  303.16(l), which 
addresses the requirements for a waiver or reduction of fees, is 
revised to specify that requesters may seek a waiver of fees and to 
streamline and simplify the description of the factors to be considered 
by the Peace Corps when making fee waiver determinations.
    (11) Procedures for responding to a subpoena. A redesignated Sec.  
303.17, formerly Sec.  303.14, is updated to revise the definition of 
``employee'' in this section to include volunteers and trainees of the 
Peace Corps for purposes only of Sec.  303.17.
    (12) Other rights and services. A new Sec.  303.18 sets forth that 
nothing in this part shall be construed to entitle any person, as of 
right, to any service or to the disclosure of any record to which such 
person is not entitled under the FOIA.

Regulatory Certifications

Executive Orders 12866 and 13563--Regulatory Review

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), Principles of Regulation, and in accordance with Executive Oder 
13563, ``Improving Regulation and Regulatory Review,'' section 1(b), 
General Principles of Regulation, and the Peace Corps has determined it 
to be non-significant within the meaning of Executive Order 12866. 
Additionally, because this proposed rule does not meet the definition 
of a significant regulatory action it does not trigger the requirements 
contained in Executive Order 13771. See the Office of Management and 
Budget's (OMB's) Memorandum titled ``Interim Guidance Implementing 
section 2 of the Executive order of January 30, 2017, titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (February 2, 2017), 
supplemented by OMB's Memorandum titled ``Implementing Executive Order 
13771, Titled `Reducing Regulation and Controlling Regulatory Costs.' 
''

Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))

    This regulatory action will not have a significant adverse impact 
on a substantial number of small entities.

Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)

    This regulatory action does not contain a Federal mandate that will 
result in the expenditure by state, local, and tribal governments, in 
aggregate, or by the private sector, of $100,000,000 or more in any one 
year, and it will not significantly or uniquely affect small 
governments.

Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)

    This regulatory action will not impose any additional reporting or 
recordkeeping requirements under the Paperwork Reduction Act.

Federalism (Executive Order 13132)

    This regulatory action does not have federalism implications, as 
set forth in Executive Order 13132. It will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.

List of Subjects in 22 CFR Part 303

    Freedom of Information Act.

    For the reasons set out in the preamble, the Peace Corps proposes 
to amend 22 CFR part 303 as follows:

PART 303--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE 
FREEDOM OF INFORMATION ACT

0
1. The authority citation for part 303 is revised to read as follows:

    Authority:  5 U.S.C. 301, 552, 552a, 553; 22 U.S.C. 2501 et 
seq.; 31 U.S.C. 3717.

0
2. Revise Sec.  303.2 as follows:

Sec.  303.2   Definitions.

    Commercial use request means a request from or on behalf of one who 
seeks information for a use or purpose that furthers the commercial, 
trade, or profit interests of the requester or the person on whose 
behalf the request is made. In determining whether a requester has made 
a commercial use request, the Peace Corps will look to the use to which 
a requester will put the documents requested. When the Peace Corps has 
reasonable cause to doubt the requester's stated use of the records 
sought, or where the use is not clear from the request itself, it will 
seek additional clarification before assigning the request to a 
category.
    Compelling need means:
    (1) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (2) An urgency to inform the public about an actual or alleged 
Peace Corps or Federal Government activity and the request is made by a 
person primarily engaged in disseminating information; or
    (3) A matter of widespread and exceptional media interest in which 
there exist possible questions about the Peace Corps' or the Federal 
Government's integrity which affect public confidence.
    Confidential commercial information means commercial or financial 
information obtained by the Peace Corps from a submitter that may be 
protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C. 
552(b)(4).
    Direct costs are those expenses that the Peace Corps incurs in 
searching for and duplicating (and, in the case of commercial use 
requests, reviewing) records in order to respond to a FOIA request. For 
example, direct costs include the salary of the employee performing the 
work (i.e., the basic rate of pay for the employee, plus 16 percent of 
that rate to cover benefits) and the cost of operating computers and 
other electronic equipment, such as photocopiers and scanners. Direct 
costs do not include overhead expenses, such as the costs of space, and 
of heating or lighting a facility.
    Duplication means the process of making a copy of a record 
requested pursuant to this part. Such copies can take the form of paper 
copy, microform, audio-visual materials, or machine readable electronic 
documents, among others.

[[Page 83046]]

    Educational institution means a preschool, a public or private 
elementary or secondary school, an institution of undergraduate or 
graduate higher education, or an institution of professional or 
vocational education which operates a program or programs of scholarly 
research.
    Expedited processing means the process set forth in the FOIA that 
allows requesters to ask for expedited processing of their FOIA request 
if they can demonstrate a compelling need.
    Fee waiver means the waiver or reduction of processing fees if a 
requester can demonstrate that certain statutory standards are 
satisfied including that the information is in the public interest and 
is not requested for a commercial interest.
    FOIA Public Liaison means an agency official who is responsible for 
assisting in reducing delays, increasing transparency and understanding 
of the status of requests, and assisting in the resolution of disputes.
    Initial denial authority (IDA) is an official who has been granted 
authority as the FOIA Officer who may deny FOIA requests of the Peace 
Corps based on one or more of the nine categories of exemptions from 
mandatory disclosure. An IDA also: denies a fee category claim by a 
requester; denies a request for expedited processing due to 
demonstrated compelling need; denies a request for a waiver or 
reduction of fees; reviews a fee estimate; and confirms that no records 
were located in response to a request.
    Non-commercial scientific institution means an institution that is 
not operated on a ``commercial'' basis and which is operated solely for 
the purpose of conducting scientific research, the results of which are 
not intended to promote any particular product or industry.
    OIG records means those records as defined generally in this 
section which originated with or are in the possession and control of 
the Office of Inspector General (OIG) of the Peace Corps which have 
been compiled for law enforcement, audit, and investigative functions 
and/or any other purpose authorized under the IG Act of 1978, as 
amended.
    Records means books, papers, maps, photographs, or other 
documentary materials, regardless of whether the format is physical or 
electronic, made or received by the Peace Corps in connection with the 
transaction of Peace Corps' business and preserved by the Peace Corps 
as evidence of the organization, functions, policies, decisions, 
procedures, operations, or other activities of the Peace Corps, or 
because of the informational value of data in them. The term does not 
include, inter alia, books, magazines, or other materials acquired 
solely for library purpose, or that are otherwise publicly available.
    Representative of the news media is any person or entity that 
actively gathers information of potential interest to a segment of the 
public, uses its editorial skills to turn the raw materials into a 
distinct work, and distributes that work to an audience. The term 
``news'' means information that is about current events or that would 
be of current interest to the public. Examples of news media entities 
include television or radio stations that broadcast ``news'' to the 
public at large and publishers of periodicals that disseminate ``news'' 
and make their products available through a variety of means to the 
general public, including news organizations that disseminate solely on 
the internet. A request for records supporting the news-dissemination 
function of the requester shall not be considered to be for a 
commercial use. ``Freelance'' journalists who demonstrate a solid basis 
for expecting publication through a news media entity shall be 
considered as a representative of the news media. A publishing contract 
would provide the clearest evidence that publication is expected; 
however, components shall also consider a requester's past publication 
record in making this determination.
    Requester category means one of the three categories that agencies 
place requesters in for the purpose of determining whether a requester 
will be charged fees for search, review and duplication, including 
commercial requesters; non-commercial scientific or educational 
institutions or news media requesters, and all other requesters.
    Review means the process of examining a document located in 
response to a request to determine whether any portion of such document 
is exempt from disclosure. It also includes processing any such 
document for disclosure. Review does not include time spent resolving 
general legal or policy issues regarding the application of exemptions.
    Search means the process of looking for and retrieving records that 
are responsive to a request for records. It includes page-by-page or 
line-by-line identification of material within documents and also 
includes reasonable efforts to locate and retrieve information from 
records maintained in electronic form or format. Searches may be 
conducted manually or by automated means and will be conducted in the 
most efficient and least expensive manner. If the Agency cannot 
identify the requested records after a 2 hour search, it can determine 
that the records were not adequately described and ask the requester to 
provide a more specific request.
    Submitter means any person or entity, including a corporation, 
state, or foreign government, but not including another Federal 
Government entity, that provides confidential commercial information, 
either directly or indirectly to the Federal Government.
    Unusual circumstances, as used in this part, mean circumstances 
attending a request for information and are limited to the following, 
but only to the extent reasonably necessary for the proper processing 
of the particular request: (1) The need to search for and collect the 
requested records from offices or locations that are separate from the 
office processing the request; (2) The need to search for, collect, and 
appropriately examine a voluminous amount of separate and distinct 
records which are demanded in a single request; or (3) The need for 
consultation, which shall be conducted with all practicable speed, with 
another agency or organization having a substantial interest in the 
determination of the request or among two or more offices of the Peace 
Corps having a substantial subject matter interest therein.
0
3. Revise Sec.  303.3 to read as follows:

Sec.  303.3   Policy.

    (a) The Peace Corps will make its records concerning its 
operations, activities, and business available to the public consistent 
with the requirements of the FOIA and will not withhold requested 
information unless the Peace Corps reasonably foresees that disclosure 
would harm an interest protected by an exemption under the FOIA or a 
disclosure that is prohibited by law.
    (b) The Peace Corps may make discretionary disclosures of records 
or information, without a formal FOIA request and that may be exempt 
from disclosure under the FOIA whenever disclosure would not 
foreseeably harm an interest protected by a FOIA exemption, but this 
policy does not create any right enforceable in court.
    (c) Requests for records of the Office of Inspector General (OIG 
records), as defined in Sec.  303.2, and appeals from denials of 
requests for OIG records are subject to this policy and will be granted 
or denied consistent with Sec.  303.10(b) through (c) through their own 
FOIA adjudication process.
0
4. Revise Sec.  303.5 to read as follows:

[[Page 83047]]

Sec.  303.5   FOIA Library.

    (a) The public reading room is no longer physically available. The 
Peace Corps makes information available to the public electronically 
through the Peace Corps' FOIA Library on its public website at https://www.peacecorps.gov/about/open-government/.
    (b) Subject to the limitation stated in paragraph (c) of this 
section, the following records will be made available in the FOIA 
Library:
    (1) All final public opinions, including concurring and dissenting 
opinions, and orders issued in the adjudication of cases that involve 
the Peace Corps;
    (2) Statements of policy and interpretations adopted by the Peace 
Corps that are not published in the Federal Register;
    (3) Administrative staff manuals and instructions to the staff that 
affect the public;
    (4) Copies of frequently requested records, regardless of form or 
format, with a general index of such records:
    (i) Released to any person in response to a public request for 
records which the Peace Corps determines are likely to become subject 
to subsequent requests for substantially the same records or
    (ii) For which there have been 3 or more requests;
    (5) The index required by Sec.  303.6; and
    (6) Other records the Peace Corps has determined are of general 
interest to members of the public in understanding activities of the 
Peace Corps or in dealing with the Peace Corps in connection with those 
activities.
    (c) Records required by the FOIA to be available in the FOIA 
Library may be exempt from mandatory disclosure pursuant to section 
552(b) of the FOIA. Such records will not be made available in the FOIA 
Library. Other records maintained in the FOIA Library may be edited by 
the redaction of information protected under section 552(b) of the 
FOIA. The extent of the redaction shall be indicated, unless doing so 
would harm an interest protected by the exemption under which the 
redaction is made. If technically feasible, the extent of the redaction 
shall be indicated at the place in the record where the redaction was 
made.
    (d) Records required by the FOIA to be maintained shall be made 
available in the Peace Corps' electronic FOIA Library.
    (e) Most public electronic records will also be made available to 
the public on the Peace Corps website at https://www.peacecorps.gov.

Sec.  303.6   [Removed]

0
5. Remove Sec.  303.6.

Sec. Sec.  303.7 and 303.8   [Redesignated as Sec. Sec.  303.6 and 
303.7]

0
6. Redesignate Sec. Sec.  303.7 and 303.8 as Sec. Sec.  303.6 and 
303.7, respectively.
0
7. Revise newly redesignated Sec.  303.7 to read as follows:

Sec.  303.7   Requests for records.

    (a) Except for records required by the FOIA to be published in the 
Federal Register or to be made available in the FOIA Library, Peace 
Corps records will be made promptly available, upon request, to any 
person in accordance with this section, unless it is determined that 
such records should be withheld and are exempt from mandatory 
disclosure under the FOIA.
    (b) Requests for records under this section shall be:
    (1) Made in writing, shall include the name of the requester, and 
the envelope, email, and/or the letter shall be clearly marked 
``Freedom of Information Request.'' All such requests shall be 
addressed to the FOIA Officer. Requests by letter shall be directed to 
Peace Corps FOIA Officer, 1275 First Street NE, Washington, DC 20526. 
Requests by email shall be directed to [email protected]. Any request 
not marked and addressed as specified in this paragraph will be so 
marked by Peace Corps personnel as soon as it is properly identified 
and will be forwarded immediately to the FOIA Officer. A request 
improperly addressed will not be deemed to have been received for 
purposes of the time period set out in paragraph (h) of this section 
until it has been received by the FOIA Officer. Upon receipt of an 
improperly addressed request, the FOIA Officer shall notify the 
requester of the date on which the time period began. All paper 
requests shall be stamped ``received'' on the date it is received by 
the FOIA Officer. Electronic requests are deemed to be ``received'' on 
the date in which the FOIA Officer acknowledges receipt.
    (2) A request must reasonably describe the records requested so 
that employees of the Peace Corps who are familiar with the subject 
area of the request are able, with a reasonable amount of effort, to 
determine which particular records are within the scope of the request. 
If it is determined that a request does not reasonably describe the 
records sought, the requester shall be so informed and provided an 
opportunity to confer with Peace Corps personnel in order to attempt to 
reformulate the request in a manner that will meet the needs of the 
requester and the requirements of this paragraph (b).
    (c) The Peace Corps requires that first-party requesters provide 
the following information so that the Peace Corps can protect the 
personal information found in its files and ensure that records are 
disclosed only to the proper persons: the requester's full name, 
current address, citizenship or legal permanent resident alien status, 
date and place of birth (city, state, and country), and a copy of a 
photo ID. A first-party request must be signed, and the requester's 
signature must be either notarized or made under penalty of perjury 
pursuant to 28 U.S.C. 1746 as a substitute for notarization. A 
requester may request this penalty of perjury statement from the FOIA 
office to complete for submission.
    (d) To facilitate the location of records by the Peace Corps, a 
requester should try to provide the following kinds of information, if 
known:
    (1) The specific event or action to which the record refers;
    (2) The unit or program of the Peace Corps which may be responsible 
for or may have produced the record;
    (3) The date of the record or the date or period to which it refers 
or relates;
    (4) The type of record, such as an application, a particular form, 
a contract, or a report;
    (5) Personnel of the Peace Corps who may have prepared or have 
knowledge of the record; or
    (6) Citations to newspapers or publications which have referred to 
the record.
    (e) The Peace Corps is not required to create a record or to 
perform research to satisfy a request.
    (f) Any request for a waiver or reduction of fees should be 
included in the FOIA request, and any such request should indicate the 
grounds for a waiver or reduction of fees, as set out in Sec.  
303.16(k).
    (g) The Peace Corps will provide records in the form or format 
indicated by the requester to the extent such records are readily 
reproducible in the requested form or format.
    (h)(1) The FOIA Officer or OIG FOIA Officer, upon request for any 
records made in accordance with this section, shall make an initial 
determination of whether to comply with or deny such request and 
dispatch such determination to the requester within 20 business days 
after receipt of such request, except for unusual circumstances, as 
defined in Sec.  303.2, in which case the time limit may be extended 
for up to 10 business days by written notice to the requester setting 
forth the reasons for such extension and the date on which a 
determination is expected to be dispatched.
    (2) If the FOIA Officer determines that a request or portion 
thereof is for OIG records, the FOIA Officer shall promptly

[[Page 83048]]

refer the request or portion thereof to the OIG FOIA Officer and send 
notice of such action to the requester. In such case, the OIG FOIA 
Officer shall make an initial determination of whether to comply with 
or deny such request and dispatch such determination to the requester 
within 20 business days after receipt of such request, except for 
unusual circumstances, in which case the time limit may be extended for 
up to 10 business days by written notice to the requester setting forth 
the reasons for such extension and the date on which a determination is 
expected to be dispatched .
    (i) If a request is particularly broad or complex so that it cannot 
be completed within the time periods stated in paragraph (h) of this 
section, the Peace Corps may ask the requester to narrow the request or 
agree to an additional delay.
    (j) When no determination can be dispatched within the applicable 
time limit, the FOIA Officer or the OIG FOIA Officer shall inform the 
requester of the reason for the delay, the date on which a 
determination may be expected to be dispatched, and the requester's 
right to treat the delay as a denial and to appeal to the Associate 
Director for the Office of Management or the Inspector General, in 
accordance with Sec.  303.13. If no determination has been dispatched 
by the end of the 20-day period, or the last extension thereof, the 
requester may deem the request denied, and exercise a right of appeal 
in accordance with Sec.  303.13. The FOIA Officer or the OIG FOIA 
Officer may ask the requester to forego an appeal until a determination 
is made.
    (k) After it has been determined that a request will be granted, 
the responsible official will act with due diligence in providing a 
prompt response.
    (l)(1) Requests and appeals will be taken out of order and given 
expedited treatment whenever the requester demonstrates a compelling 
need as defined in Sec.  303.2.
    (2) A request for expedited processing may be made at the time of 
the initial request for records or at any later time. For a prompt 
determination, a request for expedited processing must be properly 
addressed and marked and received by the Peace Corps pursuant to Sec.  
303.7(b).
    (3) A requester who seeks expedited processing must submit a 
statement demonstrating a compelling need, as defined in Sec.  303.2, 
that is certified by the requester to be true and correct to the best 
of that person's knowledge and belief, explaining in detail the basis 
for requesting expedited processing.
    (4) Within 10 business days of its receipt of a request for 
expedited processing, the FOIA Officer or the OIG FOIA Officer shall 
decide whether to grant the request and shall notify the requester of 
the decision. If a request for expedited treatment is granted, the 
request shall be given priority and shall be processed as soon as 
practicable. If a request for expedited processing is denied, any 
appeal of that decision shall be acted on expeditiously.
    (5) Appeals regarding expedited processing denials shall be made to 
the Associate Director for the Office of Management, or in the case of 
a denial by the OIG FOIA Officer of a request for expedited processing, 
the Inspector General, who shall respond within 10 business days of 
receipt of the appeal.
0
8. Add new Sec.  303.8 to read as follows:

Sec.  303.8   Timing of responses to requests.

    (a) In general. The Peace Corps ordinarily will respond to requests 
according to their order of receipt. The response time will commence on 
the date that the request is received by the Peace Corps' FOIA Officer 
or by the OIG FOIA Officer.
    (b) Multitrack processing. The Peace Corps designates a specific 
track for requests that are granted expedited processing in accordance 
with the standards set forth in paragraph (e) of this section. The 
Peace Corps may also designate additional processing tracks that 
distinguish between simple and more complex requests based on the 
estimated amount of work or time needed to process the request. Among 
the factors the Peace Corps may consider are the number of records 
requested, the number of pages involved in processing the request and 
the need for consultations or referrals. The Peace Corps will advise 
requesters of the track into which their request falls and, when 
appropriate, should offer the requesters an opportunity to narrow or 
modify their request so that it can be placed in a different processing 
track.
    (c) Unusual circumstances. Whenever the Peace Corps cannot meet the 
time limit for processing a request because of unusual circumstances as 
defined in Sec.  303.2 and the Peace Corps extends the time limit on 
that basis, the Peace Corps will, before expiration of the 20-day 
period to respond, notify the requester in writing of the unusual 
circumstances involved and of the date by which the Peace Corps 
estimates processing of the request will be completed. Where the 
extension exceeds 10 working days, the Peace Corps will provide the 
requester with an opportunity to modify the request or arrange an 
alternative time period for processing the original or modified 
request. The Peace Corps will make available its designated FOIA 
contact or its FOIA Public Liaison for this purpose. The Peace Corps 
FOIA Public Liaison is identified on the agency's FOIA Open Government 
web page https://www.peacecorps.gov/about/open-government/foia/ and is 
available at [email protected]. The Peace Corps will also alert 
requesters to the availability of the Office of Government Information 
Services (OGIS) to provide dispute resolution services.
    (d) Aggregating requests. To address unusual circumstances as 
defined in Sec.  303.2, the Peace Corps may aggregate requests in cases 
where it reasonably appears that multiple requests, submitted either by 
a requester or by a group of requesters acting in concert, constitute a 
single request that would otherwise involve unusual circumstances. The 
Peace Corps will not aggregate multiple requests that involve unrelated 
matters.
    (e) Expedited processing. (1) The Peace Corps will process requests 
and appeals on an expedited basis whenever it is determined that they 
involve a compelling need as defined in Sec.  303.2.
    (2) A request for expedited processing of a request for information 
may be made at any time and submitted to the Peace Corps FOIA Officer 
or to the OIG FOIA Officer in the case of a request concerning OIG 
records. When making a request for expedited processing of an 
administrative appeal, the request should be submitted to the Associate 
Director for the Office of Management, or in the case of an appeal 
concerning OIG records, the Inspector General.
    (3) A requester who seeks expedited processing will submit a 
statement, certified to be true and correct, explaining in detail the 
basis for making the request for expedited processing. For example, in 
Sec.  303.2, paragraph (2) of the definition for compelling need, a 
requester who is not a full-time member of the news media must 
establish that the requester is a person whose primary professional 
activity or occupation is information dissemination, though it need not 
be the requester's sole occupation. Such a requester also must 
establish a particular urgency to inform the public about the 
government activity involved in the request--one that extends beyond 
the public's right to know about government activity generally. The 
existence of numerous articles published on a given subject may be 
helpful in establishing the requirement that there be an ``urgency to 
inform'' the public on the topic. As a matter of administrative 
discretion, the

[[Page 83049]]

Peace Corps may waive the formal certification requirement.
    (4) The Peace Corps will notify the requester within 10 calendar 
days of the receipt of a request for expedited processing of its 
decision whether to grant or deny expedited processing. If expedited 
processing is granted, the request will be given priority, placed in 
the processing track for expedited requests, and processed as soon as 
practicable. If a request for expedited processing is denied, the Peace 
Corps will act on any appeal of that decision expeditiously.
0
9. Amend Sec.  303.9 by revising paragraphs (a) introductory text, 
(a)(5), and paragraph (b) introductory text to read as follows:

Sec.  303.9   Exemptions for withholding information.

    (a) The Peace Corps may withhold information in part or in its 
entirety using FOIA exemptions listed in 5 U.S.C. 552 (b), when the 
Initial Denial Authority (IDA) reasonably foresees that the disclosure 
of such information would cause harm to an interest protected by the 
exemption or exemptions, or if disclosure is prohibited by law. The 
Peace Corps will take reasonable steps necessary to segregate and 
release nonexempt information. The Peace Corps may withhold a requested 
record from public disclosure only if the record fits within one or 
more of the following FOIA exemptions:
* * * * *
    (5) Inter-agency or intra-agency memoranda or letters which would 
not be available by law to a party other than an agency in litigation 
with the Peace Corps, except that the deliberative process privilege 
shall not apply to records created 25 years or more before the date on 
which the records were requested;
* * * * *
    (b) The IDA may also withhold information applicable under the 
Privacy Act of 1974, 5 U.S.C. 552a(j) and (k) when the records are 
managed within a system of records; see 22 CFR part 308.
* * * * *
0
10. Amend Sec.  303.10 by redesignating paragraph (c) as paragraph (d) 
and adding a new paragraph (c) to read as follows:

Sec.  303.10   Responsibilities and authorities.

* * * * *
    (c) Authority to grant or deny appeals. The Associate Director for 
the Office of Management is authorized to grant or deny appeals under 
Sec.  303.13(a) through (c) except in the case of appeals from denials 
of requests for OIG records. The Inspector General is authorized to 
grant or deny appeals under Sec.  303.13(a) through (c) from denials of 
requests for OIG records. Both the Associate Director for the Office of 
Management and the Inspector General shall follow this part in 
processing appeals.
* * * * *

Sec. Sec.  303.13 and 303.14   [Redesignated as Sec. Sec.  303.16 and 
303.17]

0
11. Redesignate Sec. Sec.  303.13 and 303.14 as Sec. Sec.  303.16 and 
303.17, respectively.

Sec. Sec.  303.11 and 303.12   [Redesignated as Sec. Sec.  303.13 and 
303.14]

0
12. Redesignate Sec. Sec.  303.11 and 303.12 as Sec. Sec.  303.13 and 
303.14, respectively
0
13. Add new Sec.  303.11 to read as follows:

Sec.  303.11   Responses to requests.

    (a) In general. The Peace Corps, to the extent practicable, will 
communicate with requesters having access to the internet 
electronically, such as email or web portal.
    (b) Acknowledgments of requests. The Peace Corps will acknowledge 
the request in writing and assign it an individualized tracking number 
if it will take longer than 10 working days to process. The Peace Corps 
will include in the acknowledgment a brief description of the records 
sought to allow requesters to more easily keep track of their requests.
    (c) Estimated dates of completion and interim responses. Upon 
request, the Peace Corps will provide an estimated date by which the 
Peace Corps expects to provide a response to the requester. If a 
request involves a voluminous amount of material, or searches in 
multiple locations, the Peace Corps may provide interim responses, 
releasing the records on a rolling basis.
    (d) Grants of requests. Once the Peace Corps determines it will 
grant a request in full or in part, it will notify the requester in 
writing. The Peace Corps will also inform the requester of any fees 
charged under Sec.  303.16 and will disclose the requested records to 
the requester promptly upon payment of any applicable fees. The Peace 
Corps will inform the requester of the availability of its FOIA Public 
Liaison to offer assistance.
    (e) Adverse determinations of requests. If the Peace Corps makes an 
adverse determination denying a request in any respect, it will notify 
the requester of that determination in writing. Adverse determinations, 
or denials of requests, include decisions that: the requested record is 
exempt, in whole or in part; the request does not reasonably describe 
the records sought; the information requested is not a record subject 
to the FOIA; the requested record does not exist, cannot be located, or 
has been destroyed; or the requested record is not readily reproducible 
in the form or format sought by the requester. Adverse determinations 
also include denials involving fees or fee waiver matters or denials of 
requests for expedited processing.
    (f) Markings on released documents. The Peace Corps will release 
any reasonably segregable portion of a record after redaction of the 
exempt portions. The amount of information redacted and the exemption 
under which the redaction is made shall be indicated on the released 
portion of the record unless doing so would harm an interest protected 
by an applicable exemption. The location of the information redacted 
will also be indicated on the record, if technically feasible.
    (g) Use of record exclusions. (1) In the event that the Peace Corps 
identifies records that may be subject to exclusion from the 
requirements of the FOIA pursuant to 5 U.S.C. 552(c), the Peace Corps 
will confer with Department of Justice, Office of Information Policy 
(OIP), prior to application of the exclusion.
    (2) The Peace Corps, when invoking an exclusion, should document 
its consultation with OIP.
0
14. Revise newly redesignated Sec.  303.12 to read as follows:

Sec.  303.12   Denials.

    (a) A denial of a written request for a record or information that 
complies with the requirements of Sec.  303.7 shall be in writing and 
shall include, as applicable:
    (1) The name and title or position of the responsible IDA;
    (2) The signature of the agency's FOIA Officer, or in the case of 
denials of requests concerning OIG records, the signature of the 
Inspector General or designee;
    (3) A brief statement of the reasons for the denial, including any 
FOIA exemption applied in denying the request;
    (4) An estimate of the volume of any records or information 
withheld, such as the number of pages or some other reasonable form of 
estimation, although such an estimate is not required if the volume is 
otherwise indicated by redactions marked on records that are disclosed 
in part or if providing an estimate would harm an interest protected by 
an applicable exemption;

[[Page 83050]]

    (5) For any information denied under Exemption 3, the specific 
statute relied upon to deny the information along with a short 
description of the statute;
    (6) A statement that the requester must appeal no later than 90 
days after the date of the denial and along with instructions on how to 
appeal to the appellate authority. The instructions will include the 
appellate authority's duty title, the mailing address for the appeal, 
and instructions on how the requester can appeal electronically; as 
defined under Sec.  303.13; and
    (7) A statement notifying the requester of the assistance available 
from the Peace Corps' FOIA Public Liaison and the dispute resolution 
services offered by OGIS.
    (b) [Reserved]
0
15. Revise newly redesignated Sec.  303.13 to read as follows:

Sec.  303.13  Appeals.

    (a) Requirements for making an appeal. A requester may appeal any 
adverse determinations to the Associate Director of the Office of 
Management or, in the case of a denial of a request for OIG records, 
the Inspector General. Examples of adverse determinations are provided 
in Sec.  303.11(e). Requesters can submit appeals by mail or online in 
accordance with the following requirements or with those on the Peace 
Corps' website. The requester must make the appeal in writing and to be 
considered timely it must be postmarked, or in the case of electronic 
submissions, transmitted, within 90 calendar days after the date of the 
response. The appeal should clearly identify the Peace Corps' 
determination that is being appealed and the assigned request number. 
To facilitate handling, the requester should mark both the appeal 
letter and envelope, or subject line of the electronic transmission, 
``Freedom of Information Act Appeal.''
    (b) Adjudication of appeals. (1) The Associate Director of the 
Office of Management or designee, or in the case of a denial of a 
request for OIG records, the Inspector General or designee, will 
consider all appeals under this section.
    (2) An appeal ordinarily will not be adjudicated if the request 
becomes a matter of FOIA litigation.
    (3) On receipt of any appeal involving classified information, the 
Associate Director of the Office of Management, or in the case of a 
denial of a request for OIG records, the Inspector General, will take 
appropriate action to ensure compliance with applicable classification 
rules.
    (c) Decisions on appeals. The Associate Director of the Office of 
Management or designee, or in the case of a denial of a request for OIG 
records, the Inspector General or designee, will provide the decision 
on an appeal in writing. A decision that upholds a determination in 
whole or in part will contain a statement that identifies the reasons 
for the affirmance, including any FOIA exemptions applied. The decision 
will provide the requester with notification of the statutory right to 
file a lawsuit and will inform the requester of the dispute resolution 
services offered by the OGIS of the National Archives and Records 
Administration as a non-exclusive alternative to litigation. If a 
decision is remanded or modified on appeal, the Associate Director of 
the Office of Management or designee, or in the case of a denial of a 
request for OIG records, the Inspector General or designee, will notify 
the requester of that determination in writing. The Associate Director 
of the Office of Management or designee, or in the case of a denial of 
a request for OIG records, the Inspector General or designee, will then 
further process the request in accordance with that appeal 
determination and will respond directly to the requester.
    (d) Engaging in dispute resolution services provided by OGIS. 
Dispute resolution is a voluntary process. If the Peace Corps agrees to 
participate in the dispute resolution services provided by OGIS, it 
will actively engage as a partner to the process in an attempt to 
resolve the dispute.
    (e) When an appeal is required. Before seeking review by a court of 
a Peace Corps' adverse determination, a requester generally will first 
submit a timely administrative appeal.
0
16. Add new Sec.  303.14 to read as follows:

Sec.  303.14  Confidential commercial information.

    (a) Designation of confidential commercial information. A submitter 
of confidential commercial information as defined in Sec.  303.2 will 
use good faith efforts to designate by appropriate markings, at the 
time of submission, any portion of its submission that it considers to 
be protected from disclosure under Exemption 4. These designations 
expire 10 years after the date of the submission unless the submitter 
requests and provides justification for a longer designation period.
    (b) When notice to submitters is required. (1) The Peace Corps will 
promptly provide written notice to the submitter of confidential 
commercial information whenever records containing such information are 
requested under the FOIA if the Peace Corps determines that it may be 
required to disclose the records, provided:
    (i) The requested information has been designated in good faith by 
the submitter as information considered protected from disclosure under 
Exemption 4; or
    (ii) The Peace Corps has a reason to believe that the requested 
information may be protected from disclosure under Exemption 4 but has 
not yet determined whether the information is protected from 
disclosure.
    (2) The notice will either describe the commercial information 
requested or include a copy of the requested records or portions of 
records containing the information. In cases involving a voluminous 
number of submitters, the Peace Corps may post or publish a notice in a 
place or manner reasonably likely to inform the submitters of the 
proposed disclosure, instead of sending individual notifications.
    (c) Exceptions to submitter notice requirements. The notice 
requirements of this section do not apply if:
    (1) The Peace Corps determines that the information is exempt under 
the FOIA, and therefore will not be disclosed;
    (2) The information has been lawfully published or has been 
officially made available to the public;
    (3) Disclosure of the information is required by a statute other 
than the FOIA or by a regulation issued in accordance with the 
requirements of Executive Order 12600 of June 23, 1987; or
    (4) The designation made by the submitter under paragraph (b) of 
this section appears obviously frivolous. In such case, the Peace Corps 
will give the submitter written notice of any final decision to 
disclose the information within a reasonable number of days prior to a 
specified disclosure date.
    (d) Opportunity to object to disclosure. (1) The Peace Corps will 
specify a reasonable time period within which the submitter may respond 
to the notice referenced in paragraph (b) of this section.
    (2) If a submitter has any objections to disclosure, it should 
provide the Peace Corps a detailed written statement that specifies all 
grounds for withholding the particular information under any exemption 
of the FOIA. In order to rely on Exemption 4 as basis for 
nondisclosure, the submitter will explain why the information 
constitutes a trade secret or commercial or financial information that 
is commercially confidential.
    (3) A submitter who fails to respond within the time period 
specified in the

[[Page 83051]]

notice will be considered to have no objection to disclosure of the 
information. The Peace Corps is not required to consider any 
information received after the date of any disclosure decision. Any 
information provided by a submitter under this part may itself be 
subject to disclosure under the FOIA.
    (e) Analysis of objections. The Peace Corps will consider a 
submitter's objections and specific grounds for nondisclosure in 
deciding whether to disclose the requested information.
    (f) Notice of intent to disclose. Whenever the Peace Corps decides 
to disclose information over the objection of a submitter, the Peace 
Corps will provide the submitter written notice, which will include:
    (1) A statement of the reasons why each of the submitter's 
disclosure objections was not sustained;
    (2) A description of the information to be disclosed or copies of 
the records as the Peace Corps intends to release them; and
    (3) A specified disclosure date, which will be a reasonable time 
after the notice.
    (g) Notice of FOIA lawsuit. Whenever a requester files a lawsuit 
seeking to compel the disclosure of confidential commercial 
information, the Peace Corps will promptly notify the submitter.
    (h) Requester notification. The Peace Corps will notify the 
requester whenever it provides the submitter with notice and an 
opportunity to object to disclosure; whenever it notifies the submitter 
of its intent to disclose the requested information; and whenever a 
submitter files a lawsuit to prevent the disclosure of the information.
0
17. Add Sec.  303.15 to read as follows:

Sec.  303.15  Preservation of records.

    The Peace Corps will preserve all correspondence pertaining to the 
requests that it receives under this subpart, as well as copies of all 
requested records, until disposition or destruction is authorized 
pursuant to title 44 of the United States Code or the General Records 
Schedule 4.2 of the National Archives and Records Administration. The 
Peace Corps will not dispose of or destroy records while they are the 
subject of a pending request, appeal, or lawsuit under the FOIA.
0
18. Revise newly redesignated Sec.  303.16 to read as follows:

Sec.  303.16  Fees.

    (a) In general. The Peace Corps will charge for processing requests 
under the FOIA in accordance with the provisions of this section and 
with the Guidelines of the Office of Management and Budget (OMB). For 
purposes of assessing fees, the FOIA establishes three categories of 
requesters:
    (1) Commercial use requesters;
    (2) Non-commercial scientific or educational institutions or news 
media requesters; and
    (3) All other requesters.
    (b) Fee assessment. Different fees are assessed depending on the 
requester category and approved by the FOIA Officer. Requesters may 
seek a fee waiver. The Peace Corps will consider individual requests 
for fee waivers in accordance with the requirements in paragraph (l) of 
this section. To resolve any fee issues that arise under this section, 
Peace Corps may contact a requester for additional information. The 
Peace Corps will ensure that searches, reviews, and duplications are 
conducted in the most efficient and the least expensive manner. The 
Peace Corps ordinarily will collect all applicable fees before sending 
copies of records to a requester. Requesters will pay fees by check or 
money order made payable to the Treasury of the United States, or by 
another method as determined by the Peace Corps.
    (c) Fee charging considerations. (1) Whether the request is a 
commercial use request as defined in Sec.  303.2. The Peace Corps' 
decision to place a requester in the commercial use category will be 
made on a case-by-case basis based on the requester's intended use of 
the information. The Peace Corps will notify requesters of their 
placement in this category.
    (2) The sum of direct costs as defined in Sec.  303.2.
    (3) The cost of duplication as defined in Sec.  303.2.
    (4) Whether the requester is an educational institution as defined 
in Sec.  303.2. A requester in this fee category will show that the 
request is made in connection with his or her role at the educational 
institution. The Peace Corps may seek verification from the requester 
that the request is in furtherance of scholarly research, and the Peace 
Corps will advise requesters of their placement in this category.
    Example 1 to paragraph (c)(4). A request from a professor of 
geology at a university for records relating to soil erosion, written 
on letterhead of the Department of Geology, would be presumed to be 
from an educational institution.
    Example 2 to paragraph (c)(4). A request from the same professor of 
geology seeking drug information from the Food and Drug Administration 
in furtherance of a murder mystery he is writing would not be presumed 
to be an institutional request, regardless of whether it was written on 
institutional stationery.
    Example 3 to paragraph (c)(4). A student who makes a request in 
furtherance of their coursework or other school-sponsored activities 
and provides a copy of a course syllabus or other reasonable 
documentation to indicate the research purpose for the request, would 
qualify as part of this fee category.
    (5) Whether the requester is a noncommercial scientific institution 
as defined in Sec.  303.2. A requester in this category will show that 
the request is authorized by and is made under the auspices of a 
qualifying institution and that the records are sought to further 
scientific research and are not for a commercial use. The Peace Corps 
will advise requesters of their placement in this category.
    (6) Whether the requester is a representative of the news media as 
defined in Sec.  303.2. Examples of news media entities include 
television or radio stations that broadcast ``news'' to the public at 
large and publishers of periodicals that disseminate ``news'' and make 
their products available through a variety of means to the general 
public, including news organizations that disseminate solely on the 
internet. A request for records supporting the news-dissemination 
function of the requester will not be considered to be for a commercial 
use. ``Freelance'' journalists who demonstrate a solid basis for 
expecting publication through a news media entity will be considered as 
a representative of the news media. A publishing contract would provide 
the clearest evidence that publication is expected; however, the Peace 
Corps may also consider a requester's past publication record in making 
this determination. The Peace Corps will advise requesters of their 
placement in this category.
    (7) The cost of the review as defined in Sec.  303.2. Review time 
includes processing any record for disclosure, such as doing all that 
is necessary to prepare the record for disclosure, including the 
process of redacting the record and marking the appropriate exemptions. 
Review costs are properly charged even if a record ultimately is not 
disclosed. Review time also includes time spent both obtaining and 
considering any formal objection to disclosure made by a confidential 
commercial information submitter under Sec.  303.14, but it does not 
include time spent resolving general legal or policy issues regarding 
the application of exemptions.

[[Page 83052]]

    (8) The cost of the time involved in the search as defined in Sec.  
303.2. Search time includes page-by-page or line-by-line identification 
of information within records and the reasonable efforts expended to 
locate and retrieve information from electronic records.
    (d) Charging fees. In responding to FOIA requests, the Peace Corps 
will charge the following fees unless a waiver or reduction of fees has 
been granted under paragraph (l) of this section. Because the fee 
amounts provided under paragraph (m) of this section already account 
for the direct costs associated with a given fee type, the Peace Corps 
will not add any additional costs to charges calculated under this 
section.
    (1) Search. (i) Requests made by educational institutions, 
noncommercial scientific institutions, or representatives of the news 
media are not subject to search fees. The Peace Corps will charge 
search fees for all other requesters, subject to the restrictions of 
paragraph (e) of this section. The Peace Corps may properly charge for 
time spent searching even if they do not locate any responsive records 
or if they determine that the records are entirely exempt from 
disclosure.
    (ii) For each quarter hour spent by personnel searching for 
requested records, including electronic searches that do not require 
new programming, the fees will be charged.
    (iii) The Peace Corps will charge the direct costs associated with 
conducting any search that requires the creation of a new computer 
program to locate the requested records. The Peace Corps will notify 
the requester of the costs associated with creating such a program, and 
the requester will agree to pay the associated costs before the costs 
may be incurred.
    (iv) For requests that require the retrieval of records stored by 
the Peace Corps at a Federal records center operated by the National 
Archives and Records Administration (NARA), agencies will charge 
additional costs in accordance with the Transactional Billing Rate 
Schedule established by NARA.
    (2) Duplication. The Peace Corps will charge duplication fees to 
all requesters, subject to the restrictions of paragraph (e) of this 
section. The Peace Corps will honor a requester's preference for 
receiving a record in a particular form or format where the Peace Corps 
can readily reproduce it in the form or format requested. Where 
photocopies are supplied, the Peace Corps will provide one copy per 
request at no charge up to 100 pages. For copies of records produced on 
tapes, disks, or other media, the Peace Corps will charge the direct 
costs of producing the copy, including operator time. Where paper 
documents will be scanned in order to comply with a requester's 
preference to receive the records in an electronic format, the 
requester will also pay the direct costs associated with scanning those 
materials. For other forms of duplication, the Peace Corps will charge 
the direct costs.
    (3) Review. The Peace Corps will charge review fees to requesters 
who make commercial use requests. Review fees will be assessed in 
connection with the initial review of the record, i.e., the review 
conducted by the Peace Corps to determine whether an exemption applies 
to a particular record or portion of a record. No charge will be made 
for review at the administrative appeal stage of exemptions applied at 
the initial review stage. However, if a particular exemption is deemed 
to no longer apply, any costs associated with the Peace Corps' re-
review of the records in order to consider the use of other exemptions 
may be assessed as review fees. Review fees will be charged at the same 
rates as those charged for a search under paragraph (d)(1)(ii) of this 
section.
    (e) Restrictions on charging fees. (1) When the Peace Corps 
determines that a requester is an educational institution, non-
commercial scientific institution, or representative of the news media, 
and the records are not sought for commercial use, it will not charge 
search fees.
    (2)(i) If the Peace Corps fails to comply with the FOIA's time 
limits in which to respond to a request, it may not charge search fees, 
or, in the instances of requests from requesters described in paragraph 
(e)(1) of this section, may not charge duplication fees, except as 
described in (e)(2)(ii) through (iv).
    (ii) If the Peace Corps has determined that unusual circumstances 
as defined in Sec.  303.2 apply and the Peace Corps provided timely 
written notice to the requester in accordance with the FOIA, a failure 
to comply with the time limit shall be excused for an additional 10 
days.
    (iii) If the Peace Corps has determined that unusual circumstances 
as defined in Sec.  303.2 apply and more than 5,000 pages are necessary 
to respond to the request, the Peace Corps may charge search fees, or, 
in the case of requesters described in paragraph (e)(1) of this 
section, may charge duplication fees, if the following steps are taken: 
the Peace Corps will have provided timely written notice of unusual 
circumstances to the requester in accordance with the FOIA; and the 
Peace Corps will have discussed with the requester via written mail, 
email, or telephone (or made not less than three good faith attempts to 
do so) how the requester could effectively limit the scope of the 
request in accordance with 5. U.S.C. 552(a)(6)(B)(ii). If this 
exception is satisfied, the Peace Corps may charge all applicable fees 
incurred in the processing of the request.
    (iv) If a court has determined that exceptional circumstances 
exist, as defined by the FOIA, a failure to comply with the time limits 
shall be excused for the length of time provided by the court order.
    (3) No search or review fees will be charged for a quarter-hour 
period unless more than half of that period is required for search or 
review.
    (4) Except for requesters seeking records for a commercial use, the 
Peace Corps will provide without charge:
    (i) The first 100 pages of duplication (or the cost equivalent for 
other media); and
    (ii) The first two hours of search.
    (5) No fee will be charged when the total fee, after deducting the 
100 free pages (or its cost equivalent) and the first two hours of 
search, is equal to or less than $25.
    (f) Notice of anticipated fees in excess of $25.00. (1) When the 
Peace Corps determines or estimates that the fees to be assessed in 
accordance with this section will exceed $25.00, the Peace Corps will 
notify the requester of the actual or estimated amount of the fees, 
including a breakdown of the fees for search, review, or duplication, 
unless the requester has indicated a willingness to pay fees as high as 
those anticipated. If only a portion of the fee can be estimated 
readily, the Peace Corps will advise the requester accordingly. If the 
request is not for noncommercial use, the notice will specify that the 
requester is entitled to the statutory entitlements of 100 pages of 
duplication at no charge and, if the requester is charged search fees, 
two hours of search time at no charge, and will advise the requester 
whether those entitlements have been provided.
    (2) If the Peace Corps notifies the requester that the actual or 
estimated fees are in excess of $25.00, the request will not be 
considered received and further work will not be completed until the 
requester commits in writing to pay the actual or estimated total fee, 
or designates some amount of fees the requester is willing to pay, or 
in the case of a noncommercial use requester who has not yet been 
provided with the requester's statutory entitlements, designates that 
the requester seeks only that which can be provided by the

[[Page 83053]]

statutory entitlements. The requester will provide the commitment or 
designation in writing, and will, when applicable, designate an exact 
dollar amount the requester is willing to pay. The Peace Corps will not 
accept payments in installments.
    (3) If the requester has indicated a willingness to pay some 
designated amount of fees, but the Peace Corps estimates that the total 
fee will exceed that amount, the Peace Corps will toll the processing 
of the request when it notifies the requester of the estimated fees in 
excess of the amount the requester has indicated a willingness to pay. 
The Peace Corps will inquire whether the requester wishes to revise the 
amount of fees the requester is willing to pay or modify the request. 
Once the requester responds, the time to respond will resume from where 
it was at the date of the notification.
    (4) The Peace Corps will make available their FOIA Public Liaison 
or other FOIA professional to assist any requester in reformulating a 
request to meet the requester's needs at a lower cost.
    (g) Charges for other services. Although not required to provide 
special services, if the Peace Corps chooses to do so as a matter of 
administrative discretion, the direct costs of providing the service 
will be charged. Examples of such services include certifying that 
records are true copies, providing multiple copies of the same 
document, or sending records by means other than first class mail.
    (h) Charging interest. The Peace Corps may charge interest on any 
unpaid bill starting on the 31st day following the date of billing the 
requester. Interest charges will be assessed at the rate provided in 31 
U.S.C. 3717 and will accrue from the billing date until payment is 
received by the Peace Corps. The Peace Corps will follow the provisions 
of the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749), as 
amended, and its administrative procedures, including the use of 
consumer reporting agencies, collection agencies, and offset.
    (i) Aggregating requests. When the Peace Corps reasonably believes 
that a requester or a group of requesters acting in concert is 
attempting to divide a single request into a series of requests for the 
purpose of avoiding fees, the Peace Corps may aggregate those requests 
and charge accordingly. The Peace Corps may presume that multiple 
requests of this type made within a 30-day period have been made in 
order to avoid fees. For requests separated by a longer period, the 
Peace Corps will aggregate them only where there is a reasonable basis 
for determining that aggregation is warranted in view of all the 
circumstances involved. Multiple requests involving unrelated matters 
cannot be aggregated.
    (j) Advance payments. (1) For requests other than those described 
in paragraph (j)(2) or (j)(3) of this section, the Peace Corps may not 
require the requester to make an advance payment before work is 
commenced or continued on a request. Payment owed for work already 
completed (i.e., payment before copies are sent to a requester) is not 
an advance payment.
    (2) When the Peace Corps determines or estimates that a total fee 
to be charged under this section will exceed $250.00, it may require 
that the requester make an advance payment up to the amount of the 
entire anticipated fee before beginning to process the request. The 
Peace Corps may elect to process the request prior to collecting fees 
when it receives a satisfactory assurance of full payment from a 
requester with a history of prompt payment.
    (3) Where a requester has previously failed to pay a properly 
charged FOIA fee to the Peace Corps within 30 calendar days of the 
billing date, the Peace Corps may require that the requester pay the 
full amount due, plus any applicable interest on that prior request, 
and the Peace Corps may require that the requester make an advance 
payment of the full amount of any anticipated fee before the Peace 
Corps begins to process a new request or continues to process a pending 
request or any pending appeal. Where the Peace Corps has a reasonable 
basis to believe that a requester has misrepresented the requester's 
identity in order to avoid paying outstanding fees, it may require that 
the requester provide proof of identity.
    (4) In cases in which the Peace Corps requires advance payment, the 
request will not be considered received and further work will not be 
completed until the required payment is received. If the requester does 
not pay the advance payment within 30 calendar days after the date of 
the Peace Corps' fee determination, the request will be closed.
    (k) Other statutes specifically providing for fees. The fee 
schedule of this section does not apply to fees charged under any 
statute that specifically requires the Peace Corps to set and collect 
fees for particular types of records. In instances where records 
responsive to a request are subject to a statutorily-based fee schedule 
program, the Peace Corps will inform the requester of the contact 
information for that program.
    (l) Requirements for waiver or reduction of fees. (1) Requesters 
may seek a waiver of fees by submitting a written application 
demonstrating how disclosure of the requested information is in the 
public interest because it is likely to contribute significantly to 
public understanding of the operations or activities of the government 
and is not primarily in the commercial interest of the requester.
    (2) The Peace Corps will furnish records responsive to a request 
without charge or at a reduced rate when it determines, based on all 
available information, that the factors described in paragraphs 
(l)(2)(i) through (iii) are satisfied:
    (i) Disclosure of the requested information would shed light on the 
operations or activities of the government. The subject of the request 
will concern identifiable operations or activities of the Federal 
Government with a connection that is direct and clear, not remote or 
attenuated; and
    (ii) Disclosure of the requested information is likely to 
contribute significantly to public understanding of those operations or 
activities. This factor is satisfied when the following criteria are 
met:
    (A) Disclosure of the requested records will be meaningfully 
informative about government operations or activities. The disclosure 
of information that already is in the public domain, in either the same 
or a substantially identical form, would not be meaningfully 
informative if nothing new would be added to the public's 
understanding; and
    (B) The disclosure will contribute to the understanding of a 
reasonably broad audience of persons interested in the subject, as 
opposed to the individual understanding of the requester. A requester's 
expertise in the subject area as well as the requester's ability and 
intention to effectively convey information to the public will be 
considered. The Peace Corps will presume that a representative of the 
news media will satisfy this consideration.
    (iii) The disclosure will not be primarily in the commercial 
interest of the requester. To determine whether disclosure of the 
requested information is primarily in the commercial interest of the 
requester, the Peace Corps will consider the following criteria:
    (A) The Peace Corps will identify whether the requester has any 
commercial interest that would be furthered by the requested 
disclosure. A commercial interest includes any commercial, trade, or 
profit interest. Requesters will be given an opportunity

[[Page 83054]]

to provide explanatory information regarding this consideration; and
    (B) If there is an identified commercial interest, the Peace Corps 
will determine whether that is the primary interest furthered by the 
request. A waiver or reduction of fees is justified when the 
requirements of paragraphs (l)(2)(i) and (ii) are satisfied and any 
commercial interest is not the primary interest furthered by the 
request. The Peace Corps ordinarily will presume that when a news media 
requester has satisfied factors of paragraphs (l)(2)(i) and (ii), the 
request is not primarily in the commercial interest of the requester. 
Disclosure to data brokers or others who merely compile and market 
government information for direct economic return will not be presumed 
to primarily serve the public interest.
    (3) Where only some of the records to be released satisfy the 
requirements for a waiver of fees, a waiver will be granted for those 
records.
    (4) Requests for a waiver or reduction of fees should be made when 
the request is first submitted to the Peace Corps and should address 
the criteria referenced under paragraph (1) of this section A requester 
may submit a fee waiver request at a later time so long as the 
underlying record request is pending or on administrative appeal. When 
a requester who has committed to pay fees subsequently asks for a 
waiver of those fees and that waiver is denied, the requester will pay 
any costs incurred up to the date the fee waiver request was received.
    (5) These fee waiver/reduction provisions are subject to appeal in 
the same manner as appeals from denial under Sec.  303.13.
    (m) Minimal amount. No fee will be charged under this section 
unless the cost of routine collection and processing of the fee payment 
is likely to exceed the average cost of processing a payment.
    (n) Agreement to pay fees. Requesters must agree to pay all fees 
charged for services associated with their requests.
    (o) Charging interest. Interest may be charged to those requesters 
who fail to pay the fees charged. Interest will be assessed on the 
amount billed, starting on the 31st day following the day on which the 
billing was sent. The rate charged will be as prescribed in 31 U.S.C. 
3717.
    (p) Nonpayment of fees. The Peace Corps is not required to process 
a request for a requester who has not paid FOIA fees owed to another 
Federal agency.
    (q) Multiple copies. The Peace Corps reserves the right to charge 
for multiple copies of any document that will be provided to any one 
requester or to require that special arrangements for duplication be 
made in the case of bound volumes or other records representing unusual 
problems of handling or reproduction.
0
19. Amend newly redesignated Sec.  303.17 by revising paragraphs (a)(1) 
through (6) and (b)(1) through (3) to read as follows:

Sec.  303.17  Procedures for responding to a subpoena.

    (a) * * *
    (1) This section sets forth the procedures to be followed in 
proceedings in which the Peace Corps is not a party, whenever a 
subpoena, order, or other demand (collectively referred to as a 
``demand'') of a court or other authority is issued for:
    (i) The production or disclosure of any material contained in the 
files of the Peace Corps;
    (ii) The production or disclosure of any information relating to 
material contained in the files of the Peace Corps;
    (iii) The production or disclosure of any information or material 
acquired by any person while such person was an employee of the Peace 
Corps as a part of the performance of their official duties or because 
of their official status, or
    (iv) The production of an employee of the Peace Corps for the 
deposition or an appearance as a witness in a legal action or 
proceeding.
    (2) For purposes of this section, the term ``employee of the Peace 
Corps'' includes all officers, employees, volunteers, and trainees of 
the Peace Corps appointed by, or subject to the supervision, 
jurisdiction or, control of, the Director of the Peace Corps, including 
personal services contractors. Also, for purposes of this section, 
records of the Peace Corps do not include records of the Office of 
Inspector General.
    (3) This section is intended to provide instructions regarding the 
internal operations of the Peace Corps, and is not intended, and does 
not and may not be relied upon, to create any right or benefit, 
substantive or procedural, enforceable at law by a party against the 
Peace Corps.
    (4) This section applies to:
    (i) State and local court, administrative and legislative 
proceedings; and
    (ii) Federal court and administrative proceedings.
    (5) This section does not apply to:
    (i) Congressional requests or subpoenas for testimony or documents; 
and
    (ii) Employees or former employees making appearances solely in 
their private capacity in legal or administrative proceedings that do 
not relate to the Peace Corps (such as cases arising out of traffic 
accidents or domestic relations). Any questions regarding whether the 
appearance relates solely to the employee's or former employee's 
private capacity should be referred to the Office of the General 
Counsel.
    (6) Nothing in this section otherwise permits disclosure of 
information by the Peace Corps except as is provided by statute or 
other applicable law.
    (b) * * *
    (1) No employee or former employee of the Peace Corps shall, in 
response to a demand of a court or other authority set forth in 
paragraph (a) of this section produce any material, disclose any 
information, or appear in any proceeding, described in paragraph (a) of 
this section without the approval of the General Counsel or designee.
    (2) Whenever an employee or former employee of the Peace Corps 
receives a demand for the production of material or the disclosure of 
information described in paragraph (a) of this section they shall 
immediately notify and provide a copy of the demand to the General 
Counsel or designee. The General Counsel, or designee, shall be 
furnished by the party causing the demand to be issued or served a 
written summary of the information sought, its relevance to the 
proceeding in connection with which it was served, and why the 
information sought is unavailable by any other means or from any other 
sources.
    (3) The General Counsel, or designee, in consultation with 
appropriate Peace Corps officials, including the Peace Corps' FOIA 
Officer, or designee, and in light of the considerations listed in 
paragraph (d) of this section, will determine whether the person on 
whom the demand was served should respond to the demand.
* * * * *
0
20. Add Sec.  303.18 to read as follows:

Sec.  303.18  Other rights and services.

    Nothing in this part shall be construed to entitle any person, as 
of right, to any service or to the disclosure of any record to which 
such person is not entitled under the FOIA.

    Dated: November 22, 2023.
James Olin,
FOIA and Privacy Officer.
[FR Doc. 2023-26151 Filed 11-27-23; 8:45 am]
BILLING CODE 6051-01-P
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